AMENDMENT AND SETTLEMENT AGREEMENTSettlement Agreement • August 25th, 2009 • Mimedx Group, Inc. • Surgical & medical instruments & apparatus • Georgia
This Amendment and Settlement Agreement (“Settlement Agreement”), is made this 19th day of August, 2009, by, between and among MIMEDX GROUP, INC., a Florida corporation (herein sometimes individually called “MDXG”, and its wholly owned subsidiary MIMEDX, INC., a Florida corporation herein sometimes individually called “MiMedx” ( both MDXG and MiMedx having their principal offices located at 3802 Spectrum Blvd, Ste 300, Tampa, FL 33612-9210, (each of MDXG and MiMedx being herein jointly and severally referred to as the “MiMedx Parties”), AND THOMAS J. GRAHAM, M.D. (sometimes herein sometimes individually called “Dr. Graham”) an individual resident of the State of Maryland and PHANTOM HAND PROJECT, LLC (sometimes herein individually called “Phantom”) , a limited liability company under the law of Maryland (each of Dr. Graham and Phantom having its principal office located at Paradise Farm, 2415 Old Bosley Road, Timonium, MD 21093, and being herein jointly and severally called the “Graham
MIMEDX LETTERHEAD]Consulting Agreement • August 25th, 2009 • Mimedx Group, Inc. • Surgical & medical instruments & apparatus • Florida
MiMedx, Inc., Inc. (the “Company”) hereby confirms its mutual agreement with Thomas J. Graham, M.D. (“you” or “Consultant”) for you to serve as a consultant to the Company (including your service on the Company’s Physician’s Advisory Board (“PAB”), upon the terms and conditions set forth in this Consulting Agreement for services within the Field (as defined on Exhibit A attached hereto) and with respect to the Company’s other research, development, and business activities. It is agreed that the consulting agreement dated March 8, 2007 between you and the Company (the “Original Agreement”) regarding your service on the PAB is hereby terminated upon execution hereof by both parties, provided that you shall retain the consulting fees and options already received under the Original Agreement.
